Clean spot in the Cease and Desist Letter

Aug 6th, 2022
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How to clean spot in the Cease and Desist Letter

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[Music] hi my name is Derek Fahey Im a registered patent attorney and trademark attorney with the plus IP firm and this is going to be a brief video on what to do when you receive a cease and assist letter so again first off Im Derek Fahey Im a registered patent attorney and trademark attorney and we deal with litigation of intellectual property issues quite often this video is related to trademark related cease and desist letters patent C and assist letters are similar but theyre very different legally speaking so the rights are different that will be a separate video this is just for the trademark cease and assist letters so youve got a letter that says somebody else has Superior rights over the brand that youre currently using for your business your product your service name now what do you do well you have several options so were going to go through them one by one and Ill explain to you some pros and cons for each one the first one is to do nothing many times that may not

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Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
One reason you should always consult with legal counsel before drafting and sending a cease-and-desist letter is that your efforts could backfire.
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences a legal basis for demands.
Cease and Desist Examples There are four unlawful activities that are most often addressed with cease and desist orders or letters: misuse of intellectual property, harassment, character defamation and libel, and contract violations, including unfair labor practices or unfair compensation.
Ways you can respond to a Cease and Desist Letter Ignore it. Although this is not recommended, its important to emphasise that you are not legally obligated to do anything about it. Comply with it. This depends on the severity of the claims. Mount a defence. Consider the future.
While a cease and desist letter doesnt have a legal effect in and of itself, its often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.
A Cease and Desist Letter is not legally enforceable in and of itself. It merely informs and demands the recipient to stop an undesired action.

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